KEDUDUKAN NOTARIS SEBAGAI PEJABAT UMUM DALAM PERSPEKTIF HUKUM ADMINISTRASI NEGARA: ANALISIS TERHADAP SUMBER KEWENANGAN DAN PERTANGGUNGJAWABAN JABATAN

Andri Pranata

Yuriska : Jurnal Ilmiah Hukum
Vol. 18 No. 2 (2026): AGUSTUS

Background: A Notary is a public official vested with authority by the state to execute authentic deeds and exercise other powers pursuant to statutory regulations. This position places a Notary in a distinctive legal position because, on the one hand, a Notary performs a public function in providing legal services, while on the other hand, the office is exercised independently and autonomously outside the governmental bureaucratic structure. This condition raises the issue of how the position of a Notary as a public official should be understood from the perspective of Administrative Law, particularly in relation to the source of authority and the accountability of the office. This study aims to analyze the position of a Notary as a public official from the perspective of Administrative Law and to examine the source of the Notary’s authority and the construction of the Notary’s accountability in exercising the office. Research Metodes: This research employs a normative legal research method using a statutory approach, conceptual approach, and analytical approach. Legal materials are analyzed qualitatively through juridical reasoning and legal argumentation to formulate a legal construction concerning the position, authority, and accountability of Notaries. Findings: The results of the study indicate that a Notary is a public official possessing a public dimension because the authority exercised derives directly from statutory regulations, particularly the Notary Law. Conceptually, such authority has an attributive character attached to the office; however, this does not place a Notary within the governmental structure in the structural sense. The accountability of a Notary must be determined proportionally based on the authority exercised, the actions performed, the procedures governing the exercise of the office, and the existence or absence of fault or negligence. Conclusion: Accordingly, the position of a Notary may be constructed as a sui generis public official who independently performs certain public functions, with accountability distinguished between official/office-based accountability and personal accountability.